Insight®

FSG Integrity CheckerOracle E-Business Suite

LICENSE AGREEMENT

INSIGHTSOFTWARE.COM

FSG INTEGRITY CHECKER™

READ THE TERMS AND CONDITIONS IN THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THIS SOFTWARE. IN CONSIDERATION OF THE FOREGOING, BY CHOOSING THE "I ACCEPT" BUTTON AND INSTALLING THE PROGRAMS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS THAT FOLLOW, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, DO NOT USE THIS SOFTWARE.

  1. License Grant. InsightSoftware.com hereby grants to you, and you accept, a limited, nonexclusive license to use the computer programs and any documentation available for installation with this License Agreement (collectively referred to as the "Software") only as authorized in this License Agreement. You are not permitted to use the Software in any manner not expressly authorized by this License Agreement. The Software may be used only on a single computer owned, leased, or otherwise controlled by you; or in the event of the inoperability of that computer, on a backup computer selected by you. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted without separate authorization by InsightSoftware.com. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement. You agree that you will not reverse engineer, disassemble, decompile, or otherwise translate the Software. The terms of this License Agreement will govern any software updates provided by InsightSoftware.com that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license agreement.

    You may make one copy of the Software for backup purposes. You must reproduce and include all copyright notices and any other proprietary rights notices appearing on the Software on any copies that you make. Except as authorized under this paragraph, no copies of the Software may be made by you or any person under your authority or control.
  2. InsightSoftware.com's Rights. You acknowledge and agree that the Software is a trade secret, confidential and proprietary products of InsightSoftware.com or its suppliers and is protected under US and international copyright laws and treaties. You further acknowledge and agree that all right, title, and interest in and to the Software, including associated intellectual property rights, are and shall remain with InsightSoftware.com or its suppliers. This License Agreement does not convey to you an interest in or to the Software, but only a limited right of use revocable in accordance with the terms of this License Agreement. You agree to use the Software solely for its intended purpose as such purpose is described in the available documentation.
  3. and Use of Data. You agree that InsightSoftware.com may collect and use technical and related information, including but not limited to your device, system and application software and other information as specified in the Software documentation or FAQs, that is gathered to support the intended function of the Software and to periodically facilitate the provision of software updates, product support, and other services to be provided to you. InsightSoftware.com will only use such information in a form that does not personally identify you, unless you give us permission to do otherwise.
  4. U.S. Government Users. By installing the Software, you accept and agree that the Software is provided to you as a commercial item strictly under the terms and conditions of this License Agreement and includes only those rights customarily available to the public. You are not authorized to permit disclosure by any agency or other part of the U.S. Federal Government that exceeds in any way the use and disclosure rights conveyed to you in this License Agreement.
  5. Term and Termination. This License Agreement is effective upon your installation of the Software and shall continue until terminated. You may terminate this License Agreement at any time by ceasing use of the Software on all computers on which it was installed and destroying all copies of the Software. InsightSoftware.com may terminate this License Agreement at any time upon written notice to you. Upon such termination by InsightSoftware.com, you agree to promptly cease use of the Software and remove and destroy all copies of the Software.
  6. Warranty Disclaimer. INSIGHTSOFTWARE.COM MAKES NO REPRESENTATION OR WARRANTY CONCERNING THE QUALITY, PERFORMANCE OR OTHER CHARACTERISTICS OF THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH THE USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSIGHTSOFTWARE.COM DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY, QUIET ENJOYMENT, OR THOSE ARISING OUT OF USAGE OF TRADE OR COURSE OF DEALING. INSIGHTSOFTWARE.COM DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE NOR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED BY INSIGHTSOFTWARE.COM.
  7. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSIGHTSOFTWARE.COM SHALL NOT BE LIABLE FOR PERSONAL INJURY, AND ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OR CORRUPTION OF DATA, LOST REVENUE OR PROFITS, OR BUSINESS INTERRUPTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF INSIGHTSOFTWARE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall InsightSoftware.com’s total liability to you for all damages exceed $50. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
  8. Export Restrictions. You agree that you will not export or re-export the Software in violation of any applicable law or regulations of the United State or the country in which you are resident.
  9. Governing Law. This License Agreement is governed by and interpreted in accordance with the laws of the State of Colorado, as applied to agreements entered into and to be performed entirely within Colorado between Colorado residents. The United Nations Convention on Contracts for the International Sale of Goods specifically does not apply.
  10. Severability. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
  11. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement or rights or subsequent actions in the event of future breaches.